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http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

Thank you so much for all your advice. I will let them know immediately. However, I have one more question. Is it better to apply the visa from a computer in Indonesia compare to I help them apply from my computer in the US or it really doesn't matter? I'm not sure if the embassy tracks IP address or probably has something against it. Just a thought because we're very careful not to mess it up.

http://immigration-information.com/forums/showthread.php?t=4285

Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.

Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.

How did the attorney sign the form when you had not signed.
I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.

Attorney signs only as a rep if there is legal issues or court apperance is required.

Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.

I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).

See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

Second I-140 Allowed without Revocation of Earlier I-140 Petition

The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.

In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

Here is how:

Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

As a result, old cases would be assigned visa numbers and backlog would be reduced.

Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.



I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.

hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

There is no 6 months requirement. PERIOD.

As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).

____________________
Not a legal advice.
US Citizen of Indian Origin

http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms

This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.

Good luck to us all.

The answer to your last question is Yes. Provided your prev employer does not file for a revocation of I140.
I have read this same opinion from many other lawyers.

Recent Murthy chat:
Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?

Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.

First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.

----------------------
PD: May 2002 EB2 India
I-485 applied May 2007

If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.

Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...

CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....

hi All,

Is there any way to know if employer revoked I140. With what I understand if the employer revokes within 180 days of I485 filing, then we are screwed.

Thanks for the replies.

thanks!

In sramanic thought, Nirvana (Sanskrit: निर्वाण, Nirvāṇa; Pali: निब्बान, Nibbāna; Prakrit: णिव्वाण) is the state of being free from both suffering and the cycle of rebirth. :D
that was just for fun...

now, I am sure you know you can get the FULL list of members from "members list" tab. and once you get there, you can sort out who are active (by posts) etc..

you asking question once a day doesn't mean this is HIGH PRIORITY for the ADMINS.. they are not paid for this.. unless I personally know you, I am not sharing any important connections (contacts) with you, why do you think IV should spill everything out because you requested it.... if you want them for a good cause.. state that cause and request for IVs media contacts..

Trying to reach you guys for a while now.

1. How many active users are there as of today.
2. What are the media we have connection with.

Thanks.

Managed to call 10 on the list (including all representating state of residence). Will call more as soon as the next meeting gets over at work.

General response has been non-committal. Most aides/members of Congressperson's office couldn't/wouldn't share Congressperson's position on the bill. Sounds like a touchy issue for them.
Well, we'll keep calling till they recognize we mean business.

Go IV!!!

bump

Bump

lawyer sent 3 tax returns no paystubs

They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

Hope this helps.

Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).

Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.

USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.

1. If my employer is filing new H1 application why i should go with premium processing? why not regular.

2. Am i out of status now?.

3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.

Thanks in advance.